Todd Schotanus v. Dragon Fishing Corporation, Inc., et al.
Published: Jul. 19, 1997 | Result Date: May 29, 1997 | Filing Date: Jan. 1, 1900 |Case number: CV95294KMW Verdict – $451,627
Facts
In May 1994, two young sailors, plaintiffs Todd Schotanus and Amy Roumagoux, and one experienced sailor, plaintiff Jason Garinger, shipped out aboard the fishing vessel Magic Dragon along with two mates and the captain, defendant Bruce Mounier. The voyage was to be a 30- to 35-day long-line fishing voyage off the Hawaiian Islands. The plaintiffs claimed that on June 10, 1994, after the crew had spent 23 days at sea including 15 days of long-line fishing, Captain Mounier terminated the fishing voyage. The catch had been small throughout the voyage, despite Captain Mounier's repeated attempts to find the fish. After preparing the vessel for the voyage to San Pedro, the crew were relieved of all further duties. The plaintiffs claimed that on June 11, 1994, the captain confined all four crew members to a 7-foot by 7-foot cabin after the crew had raised questions as to why the captain had previously denied their meals to them; and that during their confinement, they were deprived of all food for up to four days. The plaintiffs claimed on the night of June 17, Captain Mounier stopped the vessel and turned up the heat in the cabin. At midnight, plaintiff Jason Garinger, half asleep, left the cabin to get some water. Plaintiff Garinger claimed that while he waited in the hall for a mate to fill a plastic jug with water, he was jumped from behind by Captain Mounier, who choked him using an ax handle, forced him down to the ground and placed handcuffs on him. At the same time, plaintiff Schotanus, hearing the screams of plaintiff Garinger, allegedly left the cabin and was immediately assaulted and battered by the two mates. Both plaintiffs were handcuffed and dragged to the fore deck of the vessel, where they allegedly were chained to the deck, wearing only their underclothes and covered with a tarp that blocked their view of what was happening. The plaintiffs claimed that when they heard loud banging of ax handles and stomping of feet, they believed their death to be imminent. The plaintiffs claimed Captain Mounier then separated plaintiff Garinger and plaintiff Schotanus, taking Garinger to the stern of the vessel. Captain Mounier returned to the bow area and allegedly grabbed plaintiff Schotanus about the neck, choking him, pulling his hair and forcing his head backwards, then jerked him to his feet by twisting his hand and arm behind his back and lifting him. The Magic Dragon docked at the United States Coast Guard Station in San Pedro 30 hours later. Captain Mounier claimed the plaintiffs had mutinied. The US Coast Guard investigated the case and found no cause to charge the four sailors with mutiny or revolt. The Coast Guard alerted the U.S. Attorney's office concerning the testimony they had elicited from the four sailors and Captain Mounier. The plaintiffs claimed that during the course of his interview, Captain Mounier told the Coast Guard that "verbal abuse is enough to get some workers going, while others are motivated by being slapped around a little." Captain Mounier was indicted under the cruelty to seamen statute in October 1995 and did not testify at trial. Captain Mounier and the Magic Dragon subsequently relocated to the South Pacific. The plaintiffs claimed defendant Mounier is currently a fugitive of the law. The plaintiffs brought this action against Captain Mounier, his company, the Dragon Fishing Company, and the F/V Magic Dragon based on assault and battery and Jones Act negligence theories of recovery. Defendant F/V Magic Dragon was dismissed before trial.
Settlement Discussions
The plaintiffs made a settlement demands for $77,000. The defendant made a settlement offer of $12,000.
Specials in Evidence
$5,077 (all plaintiffs) $10,550 (all plaintiffs) $20,000 (all plaintiffs)
Injuries
The plaintiffs claimed they suffered emotional injuries including depression, anxiety and mental anguish.
Other Information
A settlement conference was held on December 13, 1996 before Judge Wardlow. It did not resolve the matter.
Deliberation
16 hours
Poll
8-0
Length
5 days
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